THE SEXUAL HARASSMENT OF

WOMEN AT WORKPLACE
(PREVENTION, PROHIBITION &
REDRESSAL) ACT, 2013
SEXUAL HARASSMENT: LEGAL
FRAMEWORK
 Sexual harassment is not only a serious
misconduct but a criminal offence also punishable
under 354 A (1) Indian Penal Code with rigorous
imprisonment for a term which may extend to
three years, or with fine, or with both;
 354A(1)A man committing any of the following acts—
• (i) Physical contact & advances involving unwelcome
and explicit sexual overtures; or
• (ii) a demand or request for sexual favours; or
• (iii)Showing pornography against the will of a woman
• (iv)making sexually colored remarks
• Shall be guilty of the offence of sexual harassment.
SEXUAL HARASSMENT DEFINED
 S.2(n)Sexual harassment includes any one or
more of the following unwelcome acts or
behaviour (whether directly or by implication)
namely—
• (i) Physical contact & advances; or
• (ii) a demand or request for sexual favours; or
• (iii)making sexually colored remarks; or
• (iv)Showing pornography; or
• (v) any other unwelcome physical, verbal or
non-verbal conduct of sexual nature;
SEXUAL HARASSMENT:
UNDERSTANDING THE MYTHS
 Myth : Sexual harassment is rare
 Fact: Sexual harassment is extremely widespread. It
touches the lives of 40 to 60 percent of working
women, and similar proportions of female students
in colleges and universities
 Myth : The seriousness of sexual harassment has
been exaggerated; most so-called harassment is
really trivial and harmless flirtation. 
 Fact: Sexual harassment can be devastating. Studies
indicate that most harassment has nothing to do
with "flirtation: or sincere sexual or social interest.
Rather, it is offensive, often frightening and
insulting to women
SEXUAL HARASSMENT:
UNDERSTANDING THE MYTHS
 Myth: Many women make up and report stories of
sexual harassment
 Fact: Research shows that less than one percent of
complaints are false. Women rarely file complaints are
false
 Myth: Women who are sexually harassed generally
provoke harassment by the way they look, dress and
behave.
 Fact: Harassment does not occur because women dress
provocatively or initiate sexual activity in the hope of
getting promoted and advancing their careers. Studies
have found that victims of sexual harassment vary in
physical appearance, type of dress, age, and behavior.
 
SEXUAL HARASSMENT:
UNDERSTANDING THE MYTHS
 Myth:  If you ignore harassment, it will go away
 Fact: It will not. Research has shown that simply
ignoring the behavior is ineffective; harassers generally
will not stop on their own. Ignoring such behavior may
even be seen as agreement or encouragement.
 Myth: Sexual harassment is not really an issue. It doesn't
hurt anyone.
 Fact: Persons subjected to sexual harassment
experience a wide range of physical and psychological
ailments.
 Myth: Sexual harassment is 'natural' male behaviour.
 Fact: Men are not born knowing how to sexually harass
others. It's a learned behaviour.
SHOCKING FACTS
 A study by Gujarat University came out with
a finding that 80% of the girls who use public
conveyance have experienced at least one
form of harassment while moving on the
public transport.
 Findings were shocking in the sense that 69%
of the girls reported that they were harassed
by men over the age of 70.
Objective

 To provide protection against

sexual harassment of women at
workplace and prevention and
redressal of complaints of sexual
harassment and matters connected
therewith.
Employer is:

 the head or
 the person responsible for formulation &
administration of policies of the workplace
 the person discharging contractual
obligations with respect to his/her
employees and
 For a domestic worker, the person who
benefits from that employment
Employees Covered

 regular/temporary/ad-hoc/daily wage
employees, whether for remuneration
including volunteers
 Contractual worker, probationer, trainee,
apprentice etc
 The act covers all women
 in the organised or unorganised sectors
 public or private and
 clients, customers and domestic workers
 irrespective of their age or employment status
Workplace Means :

 organizations, departments, institutions, office,

branch unit etc. in the public/private sector, both
organized and unorganized,

 hospitals, nursing homes, educational institutions,

sports institutes, stadiums, sports complex,

 NGOs, trusts, cooperatives, societies , service

providers &

 any place visited by the employee in the course of

employment including transportation
Internal Complaints Committee(S.4)

 Mandatory for establishments employing 10 or

more employees

 ICC to be appointed by an order in writing

 At least ½ of the membership of the ICC to be

women

 ICC to prepare and submit an annual report to

the employer and the District Officer
 Presiding Officer – Senior
woman employee from the
workplace/other admin
units/office/organisations.
2 Members – Committed to
ICC

the cause of
women/experience in social
work/legal knowledge
One member from an
NGO/other women’s
organisation/familiar with
issues relating to sexual
harassment.
Local Complaints Committee (S.6)

 To be set up in every district

 LCC is the grievance redressal body with

respect to:

 organizations having less than 10 employees

 organizations that have not set up an ICC
COMPLAINT (S.9)
 Any aggrieved woman may make, in writing,
a complaint of sexual harassment at
workplace to ICC within a period of three
months from date of incident and in case of
a series of incidents, within a period of three
months from date of last incident;
 Three more months may be given to a woman
to file a complaint by ICC for reasons to be
recorded in writing;
CONCILIATION(S.10)
 ICC may take steps to settle the matter
between aggrieved woman and respondent
through conciliation;
 No monetary settlement shall be made as a
basis of conciliation
INITIATION OF ENQUIRY(S.11)
 ICC may proceed to make enquiry into
complaint in accordance with provisions of
service rules applicable to respondent
 For purpose of making an enquiry ICC shall
have same powers as are vested in a civil court
under CPC,1908 when trying a suit in respect
of summoning and enforcing attendance of any
person and examining him on oath, requiring
discovery and production of documents.
 Enquiry of ICC to be completed within a
period of ninety days;
Interim Reliefs(S.12)

 During the pendency of the enquiry, upon

written request by the aggrieved employee:

 Transfer the aggrieved woman or the respondent

to any other workplace

 Grant leave to the aggrieved woman up to a

period of three months
INQUIRY REPORT (S.13)
 On completion of enquiry ICC shall provide report
of its findings to the employer within a period of 10
days from date of completion of enquiry and such
report shall be made available to the concerned
parties;
 When ICC arrives at a conclusion that allegations
not proved then it shall recommend no action to be
taken in the matter;
 where ICC arrives at a conclusion that allegation
against respondent has been proved then it shall
recommend to employer to take action for sexual
harassment as a misconduct in accordance with
provisions of service rules;
INQUIRY REPORT(S.13)
 The employer shall act upon the
recommendation within sixty days of its
receipt by him;
S.14
 Where internal committee arrives at a
conclusion that allegation against respondent
is malicious or aggrieved woman making
complaint has produced any forged or
misleading document, it may recommend to
employer to take action against woman as
per service rules;
 Mere inability to substantiate a complaint
or provide adequate proof need not attract
action against the complainant;
Determination Of Compensation(S.15)

 Mental trauma, pain, suffering, emotional distress

caused

 Loss in career opportunity due to the incident

 Medical expenses incurred

 Income/financial status of the respondent

 Feasibility of such payment in lump sum or in

installments
APPEAL(S.18)
 Any person aggrieved from recommendations
made under section 13, 14 or 17 may prefer
an appeal to court or tribunal in accordance
with provisions of service rules applicable to
the said person or
 where no service rules exist person may
prefer appeal in a manner as may be
prescribed
 within a period of ninety days of
recommendations
Employer’s Obligations (S.19)

 Provide a safe working environment

 Display at the workplace, details of:

 the penal consequences of indulging in acts of sexual

harassment
 composition of the ICC
 the grievance redressal mechanism available to aggrieved
employees

 Organize workshops and awareness programs for

sensitizing employees

 Organizing orientation programs for members of the ICC

 Cooperate and assist during the course of the inquiry

 Treat sexual harassment as misconduct under the

service rules

 Provide assistance to the aggrieved employee, should

she choose to file a police complaint;

 Initiate action under the IPC or such other applicable

law

 Ensure timely submission of reports to the District

Officer
Penalties(S.26)
 Failure to constitute an ICC
 Contravention of any provision under the statute
 Fine of INR 50,000
 Cancellation of business licences
 All offences under the statute are non-cognizable
(As defined by first schedule of Code of Criminal
Procedure in criminal justice system of India, a
cognizable offence is a criminal offence in which
the police is empowered to register an FIR,
investigate, and arrest an accused without a court
issued warrant)
Grievance Redressal Process

Incident of 3 Complaint
Sexual month made to
s Employee
Harassme ICC/LCC requests
Beyon
d 3nt
for a
settlement
month
s Reasons for Settlement
delay to be  Not
recorded in No monetary;
writing
settlement
 ICC to
Employee
Beyond 3 does not
record
months request INQUIR settlement
for Y and
settleme forward to
nt LCC and
parties
 No further
 Grievance Redressal Process

Inquiry Inquiry report Allegatio No action to be

Principles of to be n not taken;
natural submitted to proved Assessment of
justice to be the Employer whether charges
followed and the are
parties false/malicious
Allegation
proved
[within 60 • ICC/LCC to inquire into
days] as
Punishment whether the allegations
per service were made with a
Appeal to rules; malicious intention.
court/tribun • Inability to substantiate
Monetary
al penalty the complaint or
payable to the provide adequate proof
aggrieved doesn’t not amount to
woman malice.

17
 VISHAKA
GUIDELINES
Vishaka and Others Vs. State of Rajasthan
and Others. AIR 1997 (7)SC 323

 The gang rape of Bhanwari Devi by a group of Thakurs as she

attempted to stop a child marriage in their family.

 Bhanwari Devi was a social worker (saathin) at rural level in a

development programme initiated by State Government of
Rajasthan, aiming to curb the evil of child marriages in villages.

 As part of her work, Bhanwari Devi, tried to stop Ramkaran

Gujjar’s infant daughter’s marriage.

 Nevertheless, marriage took place but Bhanwari Devi was not

forgiven for her efforts to stop marriage. She was subjected to
social boycott, and in September 1992 was gang raped by five
men including Ramkaran Gujjar in front of her husband.
 The days that followed were filled with hostility
and humiliation for Bhanwari and her husband.

 The only male doctor in the Primary Health Centre

refused to examine Bhanwari and the doctor at
Jaipur only confirmed her age without making any
reference to rape in his medical report.

 At the police station too, the women constables

taunted her throughout the night.
Vishaka and Others Vs. State of
Rajasthan and Others. AIR 1997
(7)SC 323

Judge cleared the men of the rape charge.

The reasons he gave for his decision go beyond human
reasoning.
They were:
• The village head cannot rape
• Men of different castes cannot participate in gang rape
• Elder men of 60-70 years cannot rape
• A man cannot rape in front of a relative - this was with
reference to two of the accused men, an uncle and nephew
• A member of the higher caste cannot rape a lower caste
woman because of reasons of purity
• Bhanwari Devi's husband couldn't have just watched his wife
being gang-raped
 The trial court acquitted the accused, but
Bhanwari was determined to fight further and
get justice.

 On December 1993, the High Court said, “it is

a case of gang-rape which was committed out
of vengeance”.

 This provoked women’s groups and NGOs

to file a petition in the Supreme Court of
India.
 As part of this campaign, the groups had filed a petition in
the Supreme Court of India, under the name ‘Vishaka’,
asking the court to give certain directions regarding the
sexual harassment that women face at the workplace.

 The result is the Supreme Court judgement, which came

on 13th August 1997, and gave the Vishaka guidelines and
norms to be observed to prevent sexual harassment of
working women.
Guidelines Laid Down By Supreme Court

Duty of Employers/ other responsible persons in

work places:

 Duty to prevent/deter commission of acts of Sexual

Harassment
- Identify the acts that constitutes sexual harassment.
-Prohibit acts of sexual harassment at workplace.
-Penalize commission of acts of sexual harassment.
 Duty to provide procedure:
- For resolution/ settlement or prosecution of acts of
sexual harassment by taking all steps required.
 contd…

As stated by Supreme Court, these guidelines are

applicable to:
 (a) The employer or other responsible persons or
other institutions to prevent sexual harassment and
to provide procedures for the resolution of
complaint.

 (b) Women who either draw a regular salary, receive

an honorarium, or work in a voluntary capacity in the
organized sector come under the purview of these
guidelines.
VISHAKA RECOMMENDATIONS
 Some of the important guidelines are:
 The onus to provide a harassment free work environment
has been laid down on the employers who  are required to
take the following steps:
 Employers must form a Complaints Committee.
 Express prohibition of sexual harassment in any form and
make the employees aware of the implications through in
house communication system / posters / meetings.
 Must include prohibition of sexual harassment with
appropriate penalties against the offender in Conduct
rules.
 Prohibition of sexual harassment in the standing orders
under the Industrial Employment (Standing Orders) Act,
1946 to be included by private employers.
VISHAKA RECOMMENDATIONS
 Provision of appropriate work conditions in
respect of- work, leisure, health, hygiene to
further ensure that there is no hostile
environment towards women.
 No woman employee should have reasonable
grounds to believe that she is disadvantaged
in connection with her employment.
 Victims of sexual harassment to be given an
option to seek transfer of the perpetrator or
their own transfer.
VISHAKA RECOMMENDATIONS
 Thus the Vishaka guidelines stipulated that all
organizations would form a complaints
committee to look into any such allegation. It
would be headed by a woman employee and not
less than half of its members would be women.
 All complaints of sexual harassment by any
woman employee would be directed to this
committee. The committee would advise the
victim on further course of action and
recommend to the management the course of
action against the person accused of
harassment.
Preventive Steps (as laid down In Vishaka
Case) :

a)Express prohibition of Sexual Harassment must be

notified, published and circulated.
b)Government/PSUs Rules/ Regulations for conduct/
discipline must include rules/regulations prohibiting
Sexual Harassment and provide for appropriate
penalties against the offender.
c) Provision should be made for appropriate work
conditions for women.
d) Inclusion of prohibition of sexual harassment in the
standing orders the Industrial Employment (Standing
Order) act, 1946 by the private employers.
Criminal Proceeding
 Initiate criminal proceeding under IPC if such conduct
amounts to specific offence under IPC or any other law.
 Ensure prevention of victimization and discrimination
of victims and witnesses.
 Provide optional transfer, if the victim feels necessary.

Initiate Disciplinary Proceedings

 Where such conduct amounts to misconduct in
employment, appropriate disciplinary action should be
initiated by the employer.
Complaint Mechanism
 The complaint mechanism should provide, where
necessary:
‡A Complaints Committee,
A special counsellor or
Other support services.
 There must be strict maintenance of confidentiality.

Complaint Committee
 Headed by women.
 Not less than the half members should be women.
 Includes a third party/NGO.
Worker’s Initiatives

 Employees should be allowed to raise issues of Sexual

Harassment at workers meetings, employer and
employee meetings & other forums.

Awareness
 Create awareness of the rights of female employees
to be created at workplace.
 Notified guidelines in suitable manner.

Third Party Harassment

 Necessary steps to be taken by the employer to assist
the victim in terms of support and preventive action.
RUPAN DEOL BAJAJ: FIGHTING AGAINST ODDS

 Prior to Vishaka there had been quite

remarkable judgement that brought out the
planned discrimination in the society and
exposed the existing loopholes in making safe
workplaces available to increasing force of
working women.
 A senior IAS officer, Rupan Deol Bajaj took on
the then director General of Police of Punjab
when she was sexually harassed in a party in
full view of her associates. Many brushed
aside her humiliation by a drunken Gill as a
trivial incident.
RUPAN DEOL BAJAJ: FIGHTING
AGAINST ODDS
 The entire political and bureaucratic
establishment threw its weight to protect
the police chief and awarded him “Padma
Shree” when the matter was sub-judice. The
establishment even tried to intimidate Bajaj
by spreading slander against her and isolating
her for daring to protest.
RUPAN DEOL BAJAJ: FIGHTING AGAINST ODDS

 In words of Bajaj “When your prescription is

different from all others because ailments
with which you are suffering have unique
feature, when you do not have a set rules or
standards or established norms or tradition
to follow or any legislation or precedents to
bank upon, you have to muster courage to
fight against all odds and create your own
way out of the complex and peculiar
situation.”
RUPAN DEOL BAJAJ: FIGHTING AGAINST ODDS

 After being dragged on for 18 years, finally,

the supreme court upheld the conviction of
Gill for his offence. He was found guilty
under section 354 and 509 of IPC and the
court directed him to pay Bajaj Rupees two
lakh as compensation.
RUPAN DEOL BAJAJ V K.P.S.
GILL
 Mr. Gill, who was then DGP, Punjab, had
misbehaved with Mrs. Bajaj at a party in the
house of the then Financial Commissioner
and Secretary to the Government of Punjab.
 Justice K.G. Balakrishnan and Justice P.P.
Naoelekar, who delivered the judgment,
ordered Mr. Gill to give the compensation
amount to a women's organisation as Mrs.
Bajaj had said that she did not want to take
the money.
MEDHA KOTWAL LELE V UNION
OF INDIA
 In Medha Kotwal Lele V Union Of India
supreme court held, “The Vishaka judgment
came on 13.8.1997. Yet,15 years after the
guidelines were laid down by this Court for
the prevention and redressal of sexual
harassment….many women still struggle to
have their most basic rights protected at
workplaces.
 APPAREL EXPORT PROMOTION
COUNCIL V. A.K.CHOPRA
 SC held in case of Apparel Export Promotion Council v.
A.K.Chopra, “The High Court in our opinion fell in error
in interfering with the punishment,
 which could be lawfully imposed by the departmental
authorities on the respondent for his proven misconduct.
 To hold that since the respondent had not actually
molested Miss X
 and that he had only tried to molest her
 and had not managed to make physical contact with her,
 the punishment of removal from service was not
justified was erroneous.
 The High Court should not have substituted its own
discretion for that of the authority.”
 Acting on a request by the Ministry of Women and Child Welfare
to mandate the disclosure regarding the implementation of the
Sexual Harassment of Women at Workplace (Prevention,
Prohibition and Redressal) Act in the Directors’ Report of every
company, the Ministry for Corporate Affairs has amended its
rules.

 Vide its notification dated 31.07.2018, the Ministry of Corporate

Affairs has amended the Companies (Accounts) Rules, 2014,
issued under Section-134 of the Companies Act, by inserting
clause(X) as follows: A statement that the Company has
complied with provisions relating to the constitution of Internal
Complaints Committee under the Sexual Harassment of Women
at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
FINAL WORDS
 Sexual harassment has direct link with office
culture. Culture can become a dangerous
lever that encourages inequality and
establishes rigid assumptions about caste and
gender.
 Ethics at workplace has to be defined and
made understood well by the organizations.
Only committees will not work.
THANK YOU